Case law

Mincin v. Shaw Packing Co.

989 F. Supp. 710 · District Court, W.D. Pennsylvania · Dec 30, 1997

The plan “failed to qualify, and the deductions made to it in 1976, 1977, 1978 and 1979 were disallowed.” Id. at 245. … Finally, the avenues of relief pursued by plaintiff are clearly independent and distinct. An appropriate order will follow.

Derzack v. County of Allegheny

173 F.R.D. 400 · District Court, W.D. Pennsylvania · Nov 18, 1996

The failure of a party’s corrupt plan does not immunize the defrauder from the consequences of his misconduct. … Plaintiffs’ inability or unwillingness to pay a monetary sanction clearly renders it ineffectual.

D'Orazio v. McGraw Edison Power System Division

802 F. Supp. 1297 · District Court, W.D. Pennsylvania · Jun 17, 1992

The complaint was filed on August 11, 1988, and alleges that DeGen-naro was “wrongfully represented by the Union” because he did not qualify for the $5,000.00 payment; the grievance does not allege a breach of the labor agreement … the Union had in order to file a grievance), and even if the court assumes that that period was tolled on March 17, 1989, when plaintiffs filed their motion for leave to file an amended complaint, that March motion was clearly

SMITH v. NAVIENT SOLUTIONS, LLC

District Court, W.D. Pennsylvania · Aug 6, 2019

Circuit held that the F.C.C.’s guidance fails as reasoned rulemaking because it does not clearly state whether a predictive dialer qualifies as an ATDS. Id. at 701-04. … And Snyder’s declaration does not otherwise establish that the ININ system has the capacity to randomly or sequentially generate telephone numbers to be called.

Tung Nguyen v. AK Steel Corp.

735 F. Supp. 2d 346 · District Court, W.D. Pennsylvania · Aug 25, 2010

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). 7 Initially, the plaintiff bears the burden of establishing a prima facie case *361 by demonstrating that (1) he is a member of a protected class, (2) he is qualified … Second, Nguyen was qualified for the position he previously held at the AK Steel facility in Butler, Pennsylvania, at the time of his discharge.

Rea v. Ford Motor Company

355 F. Supp. 842 · District Court, W.D. Pennsylvania · Jan 30, 1973

It is true that the burden is upon the plaintiff to establish the terms of the contract on which he bases his claim: Kassab v. Ragnar-Benson, Inc., 254 F.Supp. 830 (W.D.Pa.1966). … The plaintiff called as on cross under Rule 43(b) 10 certain persons who were not officers or directors of Ford Motor Company but the court did rule that they qualified as “managing agents”.

Long John Silver's, Inc. v. Architectural Engineering Products Co.

520 F. Supp. 753 · District Court, W.D. Pennsylvania · Aug 6, 1981

Although the matter of jurisdiction was placed in issue by Berridge, it is of course the rule that the party invoking diversity jurisdiction has the burden of establishing it. McSparran v. … The fact that the assignment was valid under state law was of little consequence, since the real issue was one of jurisdiction, clearly a matter controlled by federal rather than state law.

Clearfield Bank & Trust Co. v. Omega Financial Corp.

65 F. Supp. 2d 325 · District Court, W.D. Pennsylvania · Sep 10, 1999

Second, as the remaining subsections of 15 U.S.C. § 78n demonstrate, Congress clearly knew how to limit the applicability of legislation to a particular class of tender offers when it so intended. … The conditions which must be met to qualify for the pooling of interest method have been “interpreted very strictly by the accounting profession[.]” Phillips, supra, § 10.03, at 123.

HYDAK v. DOMINION ENERGY TRANSMISSION, INC.

District Court, W.D. Pennsylvania · May 5, 2022

A term’s ordinary meaning, moreover, may be established with reference to a dictionary definition. See, e.g., Palmer & Palmer Co., 662 S.E.2d at 290-91. … It does not argue, for example, that the WCA’s employer immunity provision is inapplicable because Dominion has a contractual right to contribution.’

In re Rent-Way Securities Litigation

218 F.R.D. 101 · District Court, W.D. Pennsylvania · Sep 10, 2003

Dec.1, 1987) (for purposes of Fed.R.Civ.P. 17, ratification is sufficient if it clearly identifies the action as the subject of the instrument, authorizes the continuation of the action by one other than the real party in … According to PwC, Scher’s deposition establishes that he had lengthy conversations with Mr.

Official Committee of Unsecured Creditors of National Forge Co. v. Clark (In Re National Forge Co.)

344 B.R. 340 · District Court, W.D. Pennsylvania · Jun 9, 2006

In 1997, qualified retirement plan trusts like the ESOP became eligible to be shareholders in corporations that elected to be taxed under Subchapter S of the Internal Revenue Code of 1986. … The Third Circuit panel that decided Resorts was clearly aware of this decision, see 181 F.3d at 515 , but apparently was not persuaded by its reasoning.

Jackson v. University of Pittsburgh

405 F. Supp. 607 · District Court, W.D. Pennsylvania · Dec 12, 1975

Defendants move to dismiss this count for three reasons: (1) the amended complaint fails to establish acts which legally constitute a conspiracy under § 1985; (2) that depositions of certain individual defendants show that … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

CRUZ v. ALLEGHENY COUNTY COURTHOUSE

District Court, W.D. Pennsylvania · Sep 30, 2021

Court is required to identify cognizable claims and to sua sponte dismiss any claim that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … As such, courts are afforded authority to dismiss those claims whose factual contentions are “clearly baseless,” examples of which include “claims describing fantastic or delusional scenarios . . . .”

Connors v. Peles

724 F. Supp. 1538 · District Court, W.D. Pennsylvania · Nov 2, 1989

For instance, Defendants believe that the evidence clearly established that two groups of coal leases (Defendants' Exh. 4-12) acquired by Pelbro (covering the "Penn Run" job and the "Brush Valley" job) had exceptional value … Delta Air Lines, Inc., 463 U.S. 85 , 103 S.Ct. 2890 , 77 L.Ed.2d 490 (1983), clearly established that the comprehensive nature of ERISA regulation and the need for a uniform system of enforcement of ERISA, has resulted in

Aluminum Co. of America v. Essex Group, Inc.

499 F. Supp. 53 · District Court, W.D. Pennsylvania · Apr 7, 1980

The cases clearly establish that mutual mistake lies in error concerning mutually understood material facts. Leasco Corp. v. Taussig, supra; Baumann v. Florance, 267 App.Div. 113, 114 , 44 N.Y.S.2d 706 (3d Dept. 1943). … This strict standard of severe disappointment is clearly met in the present case.

MCCRAY

District Court, W.D. Pennsylvania · Nov 24, 2025

Thus, Pennsylvania employers are close to universally immune from tort liability for work-related injuries suffered by their employees. See id.; Barber v. … Indeed, the only such action that might qualify is the cessation of her disability accommodation.10 However, as 10 Clearly, the denial of a requested disability accommodation is an adverse action that can give rise

STADTMILLER v. UPMC Health Plan, Inc.

799 F. Supp. 2d 492 · District Court, W.D. Pennsylvania · Jun 29, 2011

Similarly, the record fails to establish that he requested additional time to demonstrate that he could perform his duties. … Thus, summary judgment may be granted for a defendant “in cases in which the plaintiffs proposal [would be] clearly ineffective .... ” Walton v. Mental Health Ass’n of Southeastern Pa., 168 F.3d 661, 670 (3d Cir.1999).

GAYDOSH v. COMMISSIONER OF SOCIAL SECURITY

District Court, W.D. Pennsylvania · Aug 26, 2020

The ALJ clearly explained that he was giving Dr. … However, the ALJ clearly explained in his decision that that opinion was “not fully supported by Dr.

Long v. Armstrong County

189 F. Supp. 3d 502 · District Court, W.D. Pennsylvania · May 31, 2016

recognized Russell as helping to establish the contours of a cognizable state-created danger theory claim. … Clearly the act of placing a drunk driver at the wheel of the car did not create a danger to the Reed family specifically.

Bumbarger v. New Enterprise Stone & Lime Co.

170 F. Supp. 3d 801 · District Court, W.D. Pennsylvania · Mar 17, 2016

Well-settled law establishes that instances where such profanities are used regularly, based upon substantiated evidence, are often insufficient to establish that the harassment is severe or pervasive. … White, 548 U.S. 53, 68 , 126 S.Ct. 2405 , 165 L.Ed.2d 345 (U.S.2006) (“An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place